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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Property Developers

Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

continued from page 14 . . .

Property Development

Production of original documents

It will not usually be necessary for Conveyancing Solicitors and Property Lawyers to produce the original documents in the majority of cases, since an official copy thereof is admissible to the same extent as the original.

If, however, Conveyancing Solicitors and Property Lawyers do feel that they require the original document from the Land Registry (for example for forensic investigation) rule 205 Land Registration Rules 2003 allows Land Registry to release an original document, where it is held on file, on such terms and conditions and they consider appropriate.

Where necessary, the Conveyancing Solicitors and Property Lawyers should apply in the form of a letter on headed notepaper, setting out:
- details of the document required;
- the purpose for which it is required;
- why an official copy of the document would not be sufficient;
- how long do the Solicitors expect to hold the document before returning it to Land Registry.

Section 14 Police and Criminal Evidence Act 1984

The Registrar considers that the information held by Land Registry will be 'special procedural material' within the meaning of section 14 Police and Criminal Evidence Act 1984. However, it is also the Registrar's view that, because of the provisions of sections 66 and 67 Land Registration Act 2002 as to the information held or documents which can be produced, he is able to provide the information without recourse to the powers conferred under section 9 and schedule 1 of the Police and Criminal Evidence Act 1984.

Freedom of Information Act

Applications made by Conveyancing Solicitors and Property Lawyers under rule 140 Land Registration Rules 2003 using form CIT, together with all documents created by Land Registry when dealing with such applications, will generally be exempted from the Freedom of Information Act by virtue of section 31 of that Act. Although exempt, the Freedom of Information Act still confers a discretion on whether information should be released, but this is likely to be exercised only rarely in favour of the applicant.

Urgent Applications

Land Registry deal with any application made by Conveyancing Solicitors and Property Lawyers for the applicants listed in schedule 5 Land Registration Rules 2003 as a matter of urgency, and will give a response as soon as possible, normally within 48 hours. Land Registry do understand that, because of the nature of the work undertaken, some Conveyancing Solicitors and Property Lawyers may require information more urgently. If this is the case, they may submit the application in form CIT (and any other appropriate application form(s) by fax. Very occasionally, the urgency may be such that the information may need to by supplied over the telephone.

Fax Applications:

Conveyancing Solicitors and Property Lawyers may sometimes need to submit applications by fax. If is often useful to first telephone the Land Registry to give them some advance warning of the application. The application can usually be faxed during the local Land Registry opening times between 8am Monday and 4pm Friday except:
- after 4pm on the day before a public holiday
- on public holidays
- before 8am on the day after a public holiday

Land Registry ask that Conveyancing Solicitors and Property Lawyers complete the fax transmission in black ink or type and use the 'fine' mode for transmission where available.

Conveyancing Solicitors and Property Lawyers may make applications by fax for the following services only:
- official copies of the Property deeds and title plan;
- official copies of documents
- historical editions of the Property deeds and title plan
- search of the index map
- search of the index of relating franchises and manors
- search of the index of proprietors names

Application forms referring to plans:
If any application form attached to the form CIT refers to a plan then please note that:
- the plan must be a copy of an extract from an Ordnance Survey map at the largest scale published for that area;
- the plan must be no greater than A4 (297mm x 210mm)
- the land referred to in the application form must be clearly identified on the plan by suitable edging or hatching.

Fees:
Conveyancing Solicitors and Property Lawyers who wish to make an application by fax must either:
- make the payment by credit account, or
- undertake to submit the appropriate fee within three working days

Issue of information by fax:
If necessary, Land Registry can fax a plain copy of the Property deeds and/or title plan. Please note that:
- these faxed copies do not have the status of official copies as set out in section 67(1) Land Registration Act 2002;
- Land Registry are not able to issue other documents by fax - the original office copies and any other documents will be issued by first class post or can be collected from the local office.

Requests for information by telephone:

If the Conveyancing Solicitors and Property Lawyers consider it is necessary to make the request by telephone, the local Land Registry office will be happy to discuss the requirements and how best to proceed.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

Please telephone Paul on 0161 866 8999 if you require any further information.

Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB

Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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